735 ILCS 5/4-104

Current through Public Act 103-1052

Section 735 ILCS 5/4-104 - Affidavit

A plaintiff seeking the entry of an order for attachment shall file with the court an affidavit based upon the personal knowledge of the affiant and showing:

1.the amount of the claim, so far as practicable, after allowing all just credits and set-offs;

2.facts establishing any one or more of the causes set forth in Section 4-101 of this Act;

3.the place of residence of the defendant, if known, and if not known, that upon diligent inquiry the affiant has been unable to ascertain the place of residence; and

4.facts establishing the cause of action against the defendant.

The plaintiff shall file an additional statement in writing, either embodied in such affidavit or separately, to the effect that the action invoked by such affidavit does or does not sound in tort and a designation of the return day for the summons to be issued in the action; and the court, if it is satisfied that the affidavit has established a prima facie case, shall enter an order for attachment.

In all actions sounding in tort, before an order for attachment is entered, the plaintiff, his or her agent or attorney, shall apply to the circuit court of the county in which the action is to be brought or is pending and be examined, under oath, by the court concerning the cause of action; and, thereupon, the court shall indorse upon the affidavit the amount of damages for which the order for attachment shall be entered, and no greater amount shall be claimed.

735 ILCS 5/4-104

P.A. 83-707.